What can I do if my landlord refuses to do a walk-through?

What is the name of your state (only U.S. law)? California Santa Clara Moved out August 31, 2009

When I told my landlord I wasn't signing a new lease she told me that she wanted to do two walk-throughs; one in mid-August and another at the end of August after we've moved most of our things. When we tried to set up the first walk-through, she came by and told us she didn't need to do one until the end of the month because she provided a cleaning list. Two days before our move out date I called to schedule the second walk-through and she refused to set one up. She even stated that I was being difficult and that as long as I clean everything on the list she provided that everything would be fine.

The day after our lease ended, I emailed her asking if it would be possible to do a walk-through or receive a list of deductions. Here is the email I sent:

I want to thank you for the opportunity to rent your house. We left some trash in the trash bins and I was wondering if it would be alright to stop by Wednesday evening to place the bins on the curb?

I hope that I did not come off as being rude when we spoke on the phone the other day; I wanted to do a final walk through with you so that I would have the opportunity to take care of any potential issues that might be cause for deduction from my deposit. I’m very concerned about getting the majority, if not all, of my deposit back because it was my entire savings. When you do take a look at the house, I would sincerely appreciate the opportunity to clean or touch up any areas that need attention. I put in 14 very hard hours cleaning the kitchen, dining room, living room, garage, entrance way, hallway, the master bedroom and the master bathroom. I just wanted you to know, that I put in a lot of work to return the house to you looking the way it did when we moved in. You’ll see that the paint that the other roommates used on the hallway and entrance way was the paint you provided, however, it does not match the existing color. If you do have a color match, I will gladly repaint the walls.

Thank you for your time. I look forward to hearing from you at your convenience.

She responded with this the same day:

I will be there on Wednesday sometime and will put out the bins. No problem.

Yes, that was the wrong paint, but I was able to touch it up and no problem. The house was really in excellent shape and I will be sending out the checks by Monday. Very few deductions, so don't stress.

I still feel that I should have been given the opportunity to take care of the issues before having them deducted from my deposit. Here is the email that I responded with to try and work something out:

Thank you again for taking care of the trash bins. Also, would you please send me a list of the deductions before you send the security deposit refund in the mail? The reason that I requested the final walk-through (as provided for in California landlord/tenant law) was so I could have the opportunity to remedy any areas which you felt warranted a deduction, and ultimately avoid any deductions altogether.

Is there anything else I can do? Is she being fair or is she breaking the law? Any advice or similar experiences is appreciated. Thank you for reading!

Last edited by jinjan89; 09-02-2009 at 07:44 PM.
Reason: Forgot to include state

Yes, that's the law but she refused to do a walk-through even though I requested it three times. I should have been given the opportunity to make any needed changes before she deducts from my deposit. I'm trying to be pro-active. My portion of the deposit was $1283 and my roommates bailed on me so I had to clean the entire house myself. I don't want her to deduct anything and I don't want to have to take her to small claims court. The house does look good, so why the deductions? Can you at least understand my frustration and impatience?

Yes, that's the law but she refused to do a walk-through even though I requested it three times. I should have been given the opportunity to make any needed changes before she deducts from my deposit. I'm trying to be pro-active. My portion of the deposit was $1283 and my roommates bailed on me so I had to clean the entire house myself. I don't want her to deduct anything and I don't want to have to take her to small claims court. The house does look good, so why the deductions? Can you at least understand my frustration and impatience?

Welcome to being an adult!

For future reference, should a LL refuse or does not want to commit to a walk-thru you should always send a letter CRR offering different dates and times to best accommodate the LL. Failure of the LL to do any walk-thru with you present would deem the LL's acceptance of the premises as is.

As stated before, you will need to wait until the LL has made their move before you can proceed any further.

Additionally, you can sue your roommates for the entire portion of the SD that was NOT refunded since they had an obligation to help you clean said premises.

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